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REAL PROPERTY ACT 1900 - SCHEDULE 3

SCHEDULE 3 – Savings and transitional provisions

(Section 145)

Part 1 - General

1 Regulations

(1) The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of the following Acts:
Real Property (Torrens Assurance Fund) Amendment Act 1992
Real Property Amendment Act 1996
Real Property Amendment Act 1998
Real Property and Conveyancing Legislation Amendment Act 1999
Real Property Amendment (Compensation) Act 2000
Real Property and Conveyancing Legislation Amendment Act 2009
Real Property Amendment (Land Transactions) Act 2009
State Revenue Legislation Amendment Act 2010 , to the extent that it amends this Act and the regulation under this Act
Real Property Amendment (Torrens Assurance Levy Repeal) Act 2011
Real Property Amendment (Public Lands) Act 2012
any other Act that amends this Act
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 1A - Real Property (Amendment) Act 1970

1A Construction of references to former section 46A

A reference to section 46A in any other Act or in any instrument, whether or not made under an Act, is taken to be:

(a) in relation to anything done before the commencement of the Real Property (Amendment) Act 1970 , a reference to section 46A as in force when the thing was done, or
(b) in relation to anything done after that commencement but before the commencement of Schedule 1 [6] to the Property Legislation Amendment Act 2005 , a reference to section 31A (Creation of folio for resumed land).

Part 2 - Real Property (Torrens Assurance Fund) Amendment Act 1992

2 Payment of existing claims

On the commencement of the Real Property (Torrens Assurance Fund) Amendment Act 1992 , any liability of the Consolidated Fund under Part 14 becomes a liability of the Torrens Assurance Fund established under section 133A.

3 Settlement of existing claims

Section 129, as substituted by the Real Property (Torrens Assurance Fund) Amendment Act 1992 , extends to a claim that arose before the commencement of that Act.

Part 3 - Real Property Amendment Act 1996

4 Cancellation of caution on qualified folio created on possessory title

Section 28ME, as inserted by the Real Property Amendment Act 1996 , applies in respect of the cancellation of a caution to which that section applies whether the qualified folio on which the caution is recorded was created before or after the commencement of that section.

5 Compensation payable in respect of certain caveats

Section 74P, as amended by the Real Property Amendment Act 1996 , does not apply in respect of a caveat lodged before the commencement of that amendment.

Part 4 - Real Property and Conveyancing Legislation Amendment Act 1999

6 Definition

In this Part:

"amending Act" means the Real Property and Conveyancing Legislation Amendment Act 1999 .

7 Lapsing of existing caveats

Section 74LA, as inserted by the amending Act, applies to orders made by the Supreme Court before the commencement of that section and in force immediately before that commencement in the same way as it applies to orders made after that commencement.

8 Severance of joint tenancies

Section 97, as amended by the amending Act, does not apply to or in respect of a dealing lodged, but not registered or recorded, immediately before the commencement of this clause.

9 Objections to boundary determinations

(1) Section 135J, as in force immediately before the commencement of this clause, continues to apply in respect of a request made under that section before that commencement.
(2) The Land and Environment Court has jurisdiction to deal with a referral arising out of a request referred to in subclause (1) as if the Land and Environment Court Act 1979 was not amended by the amending Act.

Part 5 - Real Property Amendment (Compensation) Act 2000

10 Definitions

In this Part,
"amending Act" means the Real Property Amendment (Compensation) Act 2000 .

11 Current proceedings

Part 14 of this Act, as in force immediately before the commencement of Schedule 1 [12] to the amending Act, continues to apply to and in respect of proceedings commenced before that commencement as if the amending Act had not been enacted.

12 Current administrative claims

Section 129 of this Act, as in force immediately before the commencement of Schedule 1 [12] to the amending Act, continues to apply to and in respect of a claim referred to in subsection (1) of that section, being a claim made before that commencement, as if the amending Act had not been enacted.

13 Future proceedings commenced in relation to existing matters

Parts 13 and 14 of this Act, as substituted by Schedule 1 [12] to the amending Act, apply to and in respect of any matter in respect of which proceedings are commenced on or after the commencement of those Parts, including any matter that occurred before that commencement.

14 Torrens Assurance Fund

The Torrens Assurance Fund referred to in section 134 of this Act (as inserted by Schedule 1 [12] to the amending Act) is a continuation of the Torrens Assurance Fund referred to in section 133A of this Act (as in force immediately before the repeal of that section by Schedule 1 [12] to the amending Act).

15 Exclusion of personal liability

Section 146 (as inserted by Schedule 1 [13] to the amending Act) extends to acts and omissions that occurred before the commencement of that section.

Part 6 - Land Titles Legislation Amendment Act 2001

16 Definition

In this Part,
"amending Act" means the Land Titles Legislation Amendment Act 2001 .

17 Possessory title to part of residue lot

The provisions of Part 6A, as amended by the amending Act, apply in respect of possession of land before, as well as after, the date on which the amendments took effect.

18 Variation of leases

The amendments made by the amending Act to section 55A apply only in respect of applications for registration of a variation that are made under that section after the date on which the amendments took effect.

Part 7 - Statute Law (Miscellaneous Provisions) Act (No 2) 2002

19 Lapsing of caveats

Sections 74I, 74J and 74JA, as in force immediately before the commencement of Schedule 1.25 to the Statute Law (Miscellaneous Provisions) Act (No 2) 2002 , continue to apply to and in respect of applications made under those sections before that commencement as if that Act had not been enacted.

Part 8 - Real Property and Conveyancing Legislation Amendment Act 2009

20 Definition

In this Part,
"amending Act" means the Real Property and Conveyancing Legislation Amendment Act 2009 .

21 Confirmation of identity of mortgagor

Section 56C, as inserted by the amending Act, does not apply in respect of any mortgages accepted for lodgment before the insertion of that section.

22 Limits on compensation payable from Torrens Assurance Fund

Sections 129A and 129B, as inserted by the amending Act, do not apply in respect of claims lodged before the insertion of those sections but extend to claims lodged after such insertion regardless of whether the loss or damage occurred before or after such insertion.

23 Time limits for commencement of proceedings for the recovery of compensation

Section 132 (2), (2A) and (3), as substituted, inserted and amended, respectively, by the amending Act, do not apply in relation to a matter if administrative proceedings were determined in that matter before the substitution, insertion or amendment.

Part 9 - Real Property Amendment (Land Transactions) Act 2009

24 Application of amendments

(1) Sections 39 (1C) and 117 (1A) or (1B), as inserted by the Real Property Amendment (Land Transactions) Act 2009 , apply in respect of a dealing only if the relevant date for that dealing occurs after the commencement of the relevant subsection.
(2) In this clause,
"relevant date" means:
(a) if a contract has resulted in the execution of the dealing--the date of the contract, or
(b) in any other case--the date of the acquisition of the land or other event that gave rise to the dealing concerned.

Part 10 - Real Property Amendment (Torrens Assurance Levy Repeal) Act 2011

25 Definitions

In this Part:

"amending Act" means the Real Property Amendment (Torrens Assurance Levy Repeal) Act 2011 .

"Torrens assurance levy" means a levy paid under:

(a) section 134A of this Act (as in force before its repeal by the amending Act), or
(b) clause 26 of this Schedule.

26 Torrens assurance levy

(1) Despite the repeal of clauses 12A and 18A and Part 2 of Schedule 1 to the Real Property Regulation 2008 by Schedule 2 to the amending Act, a levy is payable as if those provisions had not been repealed in respect of any dealing that is:
(a) a transfer executed to give effect to a contract for the sale of land entered into on or after 1 July 2010 but before 1 July 2011, and
(b) lodged with the Registrar-General on or after 1 July 2011.
(2) No levy is payable pursuant to subclause (1) in respect of any dealing lodged with the Registrar-General after the commencement of this subclause (as inserted by the Land and Property Information NSW (Authorised Transaction) Act 2016 ).

27 Torrens Assurance Fund

(1) The Minister (after consultation with the Treasurer) may direct that all or a proportion of amounts that have been paid to the Registrar-General as Torrens assurance levies are to be paid into the Torrens Assurance Fund.
(2) The Minister may make such a direction at any time after the levies are paid into the Consolidated Fund, in which case the amounts are to be paid into the Torrens Assurance Fund without further appropriation.

Part 11 - Land and Property Information NSW (Authorised Transaction) Act 2016

28 Review of Registrar-General's actions

An application made under section 121 (Registrar-General to supply reasons for certain decisions) before the substitution of that section by the Land and Property Information NSW (Authorised Transaction) Act 2016 is to be dealt with as if that Act had not been enacted, and section 122 (Review of decisions by Supreme Court) continues to apply in respect of such an application as if that Act had not been enacted.

29 Case stated to Supreme Court

Section 124 (Registrar-General may state case for Supreme Court) continues to apply to and in respect of a case stated under that section before the substitution of that section by the Land and Property Information NSW (Authorised Transaction) Act 2016 as if that Act had not been enacted.



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